Former Chief Justice of the Constitutional Court f (2013-2015), Hamdan Zoelva, speaking at a constitution webinar, Friday (11/8/2024). Photo by MKRI.

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JAKARTA (MKRI) — The Constitutional Court (MK), in collaboration with Padjadjaran University (Unpad), held a Constitutional Webinar entitled "Dynamics of Constitutional Court Decisions and Their Implications for the Democratic Political System" on Friday, November 8, 2024. The event featured Hamdan Zoelva, Former Chief Justice of the Constitutional Court and Susi Dwi Harijanti, a Professor of Constitutional Law at Padjadjaran University, as key speakers.

Susi emphasized that the Constitutional Court was established in the spirit of reform, and it carries the significant aspirations of the Indonesian people. She highlighted its primary role as the protector of the constitution and the defender of human rights. "These two aspects alone underscore the critical role of the Constitutional Court in upholding democratic stability in Indonesia," Susi stated. She expressed her hope that the Constitutional Court would serve as a platform for dialogue and a collaborative partner with other institutions in strengthening the national political system.

As a speaker, Hamdan Zoelva pointed out that the Constitutional Court's decisions play a pivotal role in preserving Indonesia's democratic political system, ensuring alignment with the principles of the rule of law and democracy as enshrined in the 1945 Constitution. Furthermore, it is imperative to enhance the Court's integrity and independence as a neutral judicial institution, enabling it to deliver credible decisions that uphold the rule of law and democracy in the country.

Hamdan further noted that the Constitutional Court's decisions significantly impact the democratic political system by offering constitutional solutions pertinent stagnation in state practices and the legal system. Moreover, these decisions shape the trajectory of political and democratic policies, particularly in matters concerning the organization of the state and government.

He highlighted that the concept of the Indonesian legal state is deeply rooted in Pancasila, which embodies the values of Belief in the One Almighty God, Humanity, the Unity of Indonesia, Democracy through Deliberation, and Social Justice. Hamdan emphasized the critical role of an independent judiciary in upholding the principles of the legal state, human rights, and democracy. Unlike more liberal legal systems, Indonesia’s legal state is founded on religious and cultural values, which reinforce the protection of human rights and the pursuit of social justice.

Furthermore, Hamdan explained that the Constitutional Court was designed to play a crucial role within the framework of the 1945 Constitution. He noted that the concept of a constitutional court is not new to Indonesian law; it has long been recognized, with the United States serving as one of its pioneers. Additionally, the idea of a constitutional court proposed by Hans Kelsen greatly influenced the establishment of the Constitutional Court in Indonesia.

Since its establishment in 2003, the Court has issued a total of 4,030 decisions, which include 1,881 decisions on judicial review (PUU), 29 decisions on disputes over the authority of state institutions (SKLN), 984 decisions on disputes over general election results (PHPU), and 1,136 decisions on regional election results disputes (PHPKada). Hamdan emphasized that the dynamics of these decisions and their impact on the democratic political system should be examined through the Court's monumental decisions, particularly in the context of judicial review. 

 

Author            : Utami Argawati
Editor             : Lulu Anjarsari P.
Translator      : Sherly Octaviana Sari (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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